By Tanya Metaksa
What’s New— U.S. Senate: Steve Dettelbach became BATFE Director July 12; The House of Representatives Judiciary Committee has voted on HR1808, July 20 and it passed 25-18; California: Gov. Gavin Newsom signed 11 more anti-Second Amendment bills; Colorado: Boulder County: Commissioners propose five anti-Second Amendment ordinances with a vote scheduled for Aug. 2; Illinois, Naperville: The first reading of an ordinance to prohibit the local commercial sale of assault weapons and large-capacity magazine was postponed to July 19 with the final reading and vote to take place on Aug. 16; Maryland: Montgomery County—Council President introduced a bill to ban permit holders from carrying in “a place of public assembly”; Missouri: AG Eric Schmitt tells FBI no access to citizen’s concealed carry information; South Carolina: Columbia—the city has submitted to the SC AG a proposed ordinance concerning the reporting of lost or stolen firearms and a state rep announced he will pre-file an “assault weapons” ban; Politics: Oregon—IP 17 will be on the November ballot; Judicial: Andrews v. McCraw District Court in TX supplemental briefs filed; Rhode Island: AG Peter Naronha issues statement concerning RI carry permits.
Biden-Harris Administration
Dettelbach confirmation: On July 12, the Senate voted 48-46 to approve the Dettelbach nomination to head ATF. Dettelbach became the first confirmed Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives in seven years.
2021 – 2022 Congressional Activity
The House of Representatives Judiciary Committee advanced HR1808, on July 20 on a party line vote of 25-18. HR1808 is the new “assault weapons” ban bill, that would ban virtually all ARs, AKs, AR pistols and even semiautomatic handguns and shotguns, for mark-up on July 20,2022. Write your Congressman concerning this bill NOW! There appears to be a split in the Democrat party, so even if you have a Democrat Representative they are feeling the heat in an election year.
After the passage and signing of theBiPartisan Safer Communities Act (BPCA) many of the anti-gun Democrat Senators and President Biden are talking about promoting another anti-gun bill. According to The Reload and now The Hill; Senator John Cornyn (R), co-author of the BPCA , has unequivocally stated he is not working on any more gun legislation this year.
2022 Politics
August 2 primaries include Arizona, Kansas, Michigan, Missouri and Washington. On Aug. 4 Tennessee will hold its primary.
Missouri: Current U.S. Senator Roy Blunt announced last November that he would not seek another term. As a result, both primaries have a number of candidates. There are no heavy favorites in this race but several of the Republican candidates—Eric Schmitt, Eric Greitens and Mark McCloskey have been courting Second Amendment voters.
Oregon: Initiative Petition 17 has qualified for the ballot and Oregonians will have the opportunity to vote on it in November. IP 17 would require: (1) a permit to purchase a firearm that includes a background check, live -fire and classroom trying; (2) ban the sale of magazines holding more than 10 rounds and restrict where such magazines that are currently owned could be carried; (3) create a registry of firearms owners and (4) allow for indefinite delays of transfer of firearms. The permit to purchase would be valid for five years
Alaska: A special election on Aug. 16 has been certified by the Alaska Division of Elections. The top three candidates who will be on the ballot are Sarah Palin (R), Nick Begich (R) and Mary Peltola (D). Former President Trump held a rally in Alaska in support of Sarah Palin in the special election.
State Legislatures
California: On July 22 Gov. Newsom signed SB1327, empowering citizens to bring civil action against those that transfer firearms illegally to others. On July 21 Gov. Newsom signed eight new anti-Second Amendment gun laws bringing the total signed in the last 10 weeks to 11. The bills include AB228: requiring inspections of FFLs every three years; AB311, prohibiting the display or sale of precursor parts at gun show on Del Mar Fairgrounds; AB1769, bans gun shows at the Ventura County Fair; AB1842, prohibits dealers from charging more that 5% of purchase price for restocking after buyer cancels purchase: AB2156, prohibiting 3D printing of firearms parts and reducing the number of firearms that can be manufacture to 3 per year; AB2239, 10-yr prohibition on possession of firearms for those convicted of child abuse or elder abuse; SB915, banning gun shows from any property that has a connection to the state; and SB 915, prohibits sale of firearms on state property. SB1327, allows individuals to file civil suits against anyone who is involved in selling banned firearms or firearm parts. The worst news for California gun owners is that a breach of the state’s databases of gun owners has made public the personal information of perhaps “hundreds of thousands of gun owners.” In June Gov Newsom signed AB1621, that has modified the definition of precursor parts and requires serial numbers on them as well as including precursor parts in the definition of “firearm”. AB1621 also prohibits the possession of milling machines that are used solely for manufacturing firearms. He also signed AB2571 that bans advertising and marketing of firearms or ammunition in a manner that is “attractive to minors.” Both bills became effective upon signing.
Colorado: Boulder County—a proposal to add 5 anti-Second Amendment ordinances will be heard on August 2. The ordinances will mandate:
- Banning the sale of firearms to anyone under the age of 21
- Requiring a waiting period of 10 days to sell or purchase a firearm
- Prohibiting the carrying of firearms in sensitive public places
- Banning the sale of “assault rifles,” along with “large” magazines and trigger activators
- Regulating the possession of unfinished gun frames and guns without serial numbers, sometimes referred to as “ghost guns”
- A website that covers all the ordinances is available and has a link for a comment form available by mid-July.
Illinois: Naperville—The first reading of an ordinance to prohibit the local commercial sale of assault weapons and large-capacity magazine was held postponed from July 11 to July 19. The next meeting of the City Council is scheduled for Aug. 16.
Indiana: Two Lake County council members have proposed an ordinance to ban sales of “AR-15s” at gun show held at the Lake County fairgrounds. No public information available about the July 12 council meeting.
Maryland: Montgomery County—Council President Gabe Abornoz introduced an ordinance to ban permit holders from carrying in “a place of public assembly”.
Missouri: AG Eric Schmitt (and a candidate for U.S. Senate) sent a letter July 13 to Director Christopher Wray, FBI “demanding that they cease their attempts to illegally obtain information from local sheriffs on Missourians who have concealed carry permits.”The FBI responded that their auditors “won’t be seeking to access any list of concealed-carry holders in Missouri.”
South Carolina: Yes, it is still 2022, but already State Representative Wendell Gilliard (D-111) has jumped on the gun control bandwagon with the announcement that he is planning to pre-file legislation to ban so-called “assault weapons,” although the bill has not even been written. Columbia—the city has submitted to the SC AG a proposed ordinance concerning the reporting of lost or stolen firearms to inquire if it violates South Carolina preemption law.
State and Local Legal Changes as a result of SCOTUS decision in New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen
New York State Rifle & Pistol Assn (NYSR&PA) v. Bruen was a monumental decision for most Second Amendment supporters. But according to the decision “only six States…have ‘may issue’ licensing laws.” On the other hand, several gun organizations including the U.S. Concealed Carry Association (USCCA) believe that number to be as high as nine. The six that everyone agree upon are: California, Hawaii, Maryland, Massachusetts, New Jersey and New York. The remaining three are Connecticut, Delaware and Rhode Island. Several states, New York and California to date, have already changed their laws to try to maintain the ability to strictly control of who can “carry” a firearm outside the home. While on the other hand two states: Massachusetts and Maryland have decided to remove restrictions on carry permits.
Maryland Governor Larry Hogan announced, “Over the course of my administration, I have consistently supported the right of law-abiding citizens to own and carry firearms, while enacting responsible and common sense measures to keep guns out of the hands of criminals and the mentally ill. Last month, the U.S. Supreme Court struck down a provision in New York law pertaining to handgun permitting that is virtually indistinguishable from Maryland law. In light of the ruling and to ensure compliance with the Constitution, I am directing the Maryland State Police to immediately suspend utilization of the ‘good and substantial reason’ standard when reviewing applications for Wear and Carry Permits. It would be unconstitutional to continue enforcing this provision in state law.”
A week later TGM reported that applications for Right-to-Carry permits have increased more than 700% year over year.
Massachusetts: On July 5 Massachusetts sent out guidance on the removal of restrictions on licenses to carry firearms and stated, “The Firearms Records Bureau will no longer print licenses with restrictions.”
New Jersey: On June 24 Matthew J. Platkin, Acting Attorney General, published a directive that stated, “The decision in N.Y. State Rifle & Pistol Assoc. v. Bruen, No. 20-843, prevents us from continuing to require a demonstration of justifiable need in order to carry a firearm, but it does not prevent us from enforcing the other requirements in our law.”
Hawaii: The Attorney General Doug Chin has stated that he is awaiting the reconsideration of the 2021 Young v. Hawaii that upheld Hawaii’s very restrictive law on carry permits. Young v. Hawaii was one of the cases that SCOTUS granted certiorari, vacated and remanded back to the Ninth Circuit as a result of Bruen.
Three of the five remaining states: California, Delaware and New York are passing more laws in an attempt to blunt the SCOTUS decision. An article on substack noted that New York’s “new law signed on July 1st was a rush to thwart the Supreme Court’s recent ruling and will be swiftly overturned.” The remaining two states, Connecticut, and Rhode Island: Attorney General Peter F. Neronha issued a statement advising that Rhode Island’s dual concealed carry permit system is constitutional and NOT impacted by NYSR&PA decision.
Since all the state leaders of RI, HI, and NJ are Democrats, they are in no hurry to loosen their restrictions for gun owners. It is very likely that a Ninth Circuit decision in favor of Young may tilt the scales in many of these states
Judicial
Cases are grouped by court venue. New cases are added as they develop and some of these cases will be removed from this report if there is inactivity for a period of time. We will try and follow those cases that are active and impact the most gun owners.
Non-SCOTUS Federal cases
New York Federal cases in opposition for the new NY gun control system (S.51001/A.41001). We anticipate many lawsuits being filed in opposition to the new overreaching NY gun law: Paladino v. Bruen (7/11/22), challenging Section 5 of the law that “unconstitutionally presumptively prohibits Handgun Carry Licensees from carrying a concealed handgun on all private property in the State.”
Vanchoff v. James (7/12/22), challenging NY “assault weapons” ban as a result of NYSR&PA v. Bruen.
Cheeseman v. Platkin: A challenge to New Jersey’s “assault weapons ban” in the US District Court for the District of New Jersey.
Miller v. Bonta: A motion has been made to the Ninth Circuit to lift their stay in our California “assault weapons” challenge.
Junior Sports Magazine, et. al v. Bonta: The Second Amendment Foundation, CRPA, Gun Owners of California, California Youth Shooting Sports Association and others are suing the state of California for the passage of AB2571 that was signed into law on June 30. “Plaintiffs bring this suit to challenge the constitutionality of California Business & Professions Code section 22949.80, which makes it unlawful for any “firearm industry member” to “advertise, market, or arrange for placement of an advertising or marketing communication concerning any firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors.”
National Shooting Sports Foundation v. Letitia James: This case deals with the enactment of a law to hold the gun industry civilly liable for “public nuisances.” NSSF filed this case on December 16, 2021.
Rare Breed Triggers v. Garland:This case was filed in Aug 2021 and sought a preliminary injunction to stop ATF from taking action against Rare Breed Triggers. A judge denied the request and the case continues.
Grey Wolves Litigation: Returning the management of gray wolves to the states and delisting them as endangered is now in the US District Court Northern District of California. A decision by a judge vacated the Interior Department 2020 ruling. The State of Utah, NRA and SCI have appealed that decision to the Ninth Circuit Court of Appeals on April 11.
Ban on firearms for citizens ages 18-21 in federal court
Andrews v. McGraw: This case was initiated on Nov. 9, 2021 regarding the Texas law prohibiting citizens who are between the ages of 18 to 21 “from fully exercising the right to keep and bear arms.” After the NYSR&P decision by SCOTUS, the judge asked the parties to file supplemental briefs, which both parties have now done.
Jones v. Bonta: This case name was changed when former CA AG Becerra left his position in CA. It was formerly Jones v. Becerra. “The panel held that California’s ban was a severe burden on the core Second Amendment right of self- defense in the home.” Although California has not yet appealed to an “en banc” panel, this has been the manner in which the Ninth District Court of Appeals has upheld California’s draconian gun laws. We anticipate an appeal.
NRA v. Swearingen: On appeal to the US District Court in Tallahassee, FL oral arguments were held on March 24. The opening brief by the NRA was filed on Aug. 17, 2021 before the US Court of Appeal for the Seventh Circuit. This is a case that deals with the age of majority. U.S. District Judge for the Northern District Mark E. Walker wrote a strange opinion in which he stated, “for better or worse” he was precluded from ruling any way other than upholding the law.
State cases
Firearms Owners et.al v. City of Pittsburgh: A case brought by Firearms Policy Coalition against the city of Pittsburgh based on the Pennsylvania preemption statute. It was decided 2-1 in favor of plaintiffs. Immediately the mayor of Philadelphia announced it would be appealed to the Pennsylvania Supreme Court
People of the State of Illinois, Appellant, v. Vivian Brown, Appellee. Appeal, Circuit Court: On Feb. 2018 the Circuit Court of the Second Judicial Circuit, Illinois, found that the requirement to have a Firearms Owner ID card in order to legally possess a firearm in the home for self-defense was unconstitutional. Several motions to reconsider were filed and the Court denied the motion to reconsider on Oct. 16, 2018. The state of IL appealed to the IL Supreme Court on Nov. 11, 2018. An oral hearing was held by the IL Supreme Court in March. No timetable has been issued for a decision.
